Agreement between user and thismagicmomentproposals.com
Welcome to thismagicmomentproposals.com. The thismagicmomentproposals.com website (the “Site”) is comprised of various web pages operated by This Magic Moment, LLC (“The Company”). thismagicmomentproposals.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of thismagicmomentproposals.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
thismagicmomentproposals.com is an e-commerce site providing information on marriage proposal planning, and selling marriage proposal and special celebration services (“Service”) and related products (“Product”).
Alternate Website URLs
The Company owns numerous URLs (“Additional URLs”) that direct users to the Site at thismagicmomentproposals.com. While using or browsing any Additional URLs that mirror or redirect to the Site, any and all Terms and Conditions pertaining to the Site will apply. Any reference in these terms and conditions to thismagicmomentproposals.com shall also cover the Additional URLs as well.
Electronic Communications
Visiting thismagicmomentproposals.com or sending emails to The Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use thismagicmomentproposals.com only with permission of a parent or guardian.
Scheduling and Cancellation
Scheduling of Services offered by The Company will be done on a first-come, first-served basis. If we are unable to accommodate your desired appointment time for Service due to a scheduling conflict, we will do our best, within reasonable measures, to accommodate you with an alternate appointment time that is agreeable to all parties involved. Appointment times are confirmed by electronic confirmation that will be sent to you after a deposit for Services has been received. Any change in appointment times must be confirmed by The Company via electronic communication.
Services and Products offered by The Company are subject to vendor availability. You agree that you will not directly contact any vendor utilized by The Company, and will defer to The Company for any correspondence you may desire to have with a vendor.
The Company reserves the right to cancel a scheduled Service for any reason. In such event, The Company will notify you promptly in order that you may reschedule the Service for a different date. You understand and acknowledge that any such cancellation by The Company shall not result in a refund to you, and that your sole recourse is to reschedule the Service for another date and time. If you miss a scheduled Service for any reason, and you have not already undertaken to reschedule the Service with the Company in accordance with these Terms and Conditions, the Service will be considered forfeited and all payments you have made in connection with such Service shall be surrendered.
If you do not arrive at the agreed upon location of your Service by your scheduled appointment time, it is your responsibility to contact The Company and advise us of your expected arrival time. If you arrive more than 30 minutes after your scheduled appointment time, you will be considered a “no-show” for your appointment. In such an event, the Service will be considered forfeited and all payments you have made in connection with such Service shall be surrendered. If you forfeit your Service due to a missed appointment time, The Company may, at its sole discretion, re-schedule your appointment to a new time based on availability.
Lateness Policy
Please plan ahead to be on time for your scheduled Service. There is a 15 minute grace period for all late arrivals. After this grace period, a $75 late fee will be applied to your credit card on file, as well as an additional $50 late fee for each videographer or photographer on your order. If you are more than 30 minutes late for your Service, your order will be canceled and no refunds will be given.
If Service is taking place at an outdoors location, you are considered late if you have not arrived at your performance location by your scheduled performance time.
If Service is taking place in a restaurant after dinner: you are considered late if you are not finished eating and ready for your performance by 90 minutes after your scheduled dinner reservation time.
Refund Policy
The Company does not offer refunds on any products or services once payment has been received.
Links to third party sites/Third party services
thismagicmomentproposals.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Company and The Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators.
Certain services made available via thismagicmomentproposals.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the thismagicmomentproposals.com domain, you hereby acknowledge and consent that The Company may share such information and data with any third party with whom The Company has a contractual relationship to provide the requested product, service or functionality on behalf of thismagicmomentproposals.com users and customers.
Force Majeure
Neither the Company nor the vendors used by the Company in the delivery of any Services or Products shall be liable due to causes beyond the control and without the fault or negligence of such party. Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the party failing to perform. Such party will inform you of any Force Majeure event as soon as practicable after its occurrence.
Image Release
In the event that a photographer or videographer is engaged by The Company to provide photography or video services during a purchased Service, you acknowledge and agree that all right, title and interest in and to said photographs and videos, including all copyright rights, shall belong solely to The Company and said photographer or videographer. You may use the photographs or videos for personal purposes only. The Company reserves the right to use such photographs and videos, including your image and likeness, in its promotional materials.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use thismagicmomentproposals.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, design, as well as the compilation thereof, and any software used on the Site, is the property of The Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Company or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by The Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Company Content accessed through thismagicmomentproposals.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THIS MAGIC MOMENT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THIS MAGIC MOMENT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS MAGIC MOMENT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIS MAGIC MOMENT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIS MAGIC MOMENT, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which thismagicmomentproposals.com is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Effective as of June 15, 2016
